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Poster: Joel Cairo Date: May 27, 2008 4:00pm
Forum: classic_tv Subject: Re: Please Upload Elvis' appearences of "Toast of the Town"/"The Ed Sullivan Show"

The original kinescopes are unpublished works (as broadcasting a program is not, in and of itself, considered to be "publishing" for purposes of copyright), and thus are accorded coverage under common-law state copyright statutes that existed at the time of their creation. In this case, those would be common-law copyright statues of the State of New York-- that is why they have a 120-year term.

The restored versions as released on the DVD set are derivative works of the original kinescopes, with a new 95-year copyright period for those particular versions. And of course, Federal registration is no longer required for the claim of copyright to be valid.

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Poster: Robin_1990 Date: May 27, 2008 4:16pm
Forum: classic_tv Subject: Wait a Minute...

Doesn't that mean thnat everything in the OTR section is still copyrighted?

This post was modified by Robin_1990 on 2008-05-27 23:16:11

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Poster: Joel Cairo Date: May 27, 2008 4:29pm
Forum: classic_tv Subject: Re: Wait a Minute...

Well, I'd be loathe to generalize-- but that actually may very well be the case. Do they think it's worth going after someone for radio programs? I don't know. Possibly not. **Television** programs (which represent much more in the way of potential revenue streams), are probably a different story, however.

In any event, it's always worth pointing out that just because a producer or network hasn't filed a lawsuit against someone **yet** is no guarantee that they won't do so in the future, if they feel their intellectual property rights are being compromised.

Why wave a red flag in front of the bull?